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HomeMy WebLinkAboutMinutes 1970-10-05REGULAR ~UiETING OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO_ HELD M3NDAY, OCTOBER §, 1970 TIME~ PLACE~ CALL TO ORDER~ PLEDGE OF ALLEGIANCE AND INVOCATION ~ ROLL CALLs APPROVAL OF NINUTES~ CLAI MS ~ CABOT, CABOT & PORBES INDUSTRIAL PARK, UNIT NO. 2 CLAIN: CABOT, CABOT & FORBES INDUSTRIAL PAF~, UNIT NO. 2A CLAIM~ SO. NAPLE AVE.-SO CANAL ST. RELIEF PU~ & STOI~ DRAZ~ ASSES~T'i' DIST. CLAIM~ PUitLIC HEARING NOTICE OF HEARING APPEAL FROM UP-154 FOSTER AND KLEISER 8~00 p.m. Council Chambers, City Hall. The meeting was called to order by Nayor Ahem at 8~01 p.m. The Pledge of Allegiance to the Flag was recited after which the Invocation was given by Reverend Calvin Herriott of Grace Covenant Church. Present Absent~ Councilmen Patrick E. Ahem, Frank J. Bertucelli, William A. Borba, F. Frank Nammint and Warren Steinkamp. None. ~ayor Ahem asked if there was a motion approving the Minutes of the regular meeting of Septomber 8, 1970. Councilman Bertucelli moved, seconded by Councilman Steinkamp and regularly carried, that the Ntnutes of the regular meeting of September 8, 1970 be approved as submitted. Nayor Ahem asked if there was a motion approving the regular claims as submitted for payment. ' Councilman Stetnka~p moved, seconded by Council~an Ber~ucellt and regularly carried, that the regular claims, totaling $33,352.11, be approved for payment. Cabot. Cabot & Forbes Industrial Park. Unit No. 2 Claim~ Wilsey & Ham claim for InvOices Nos. 8290 and 8291, totaling $1,399.22, for engineering services through August 31, 1970. Councilman Nan~nint moved, seconded by Councilman Stetnkamp and regularly carried, that the claim as sub~itted for Cabot, Cabot & Forbes Industrial Park, Unit No. 2, be approved for payment. Cabot. Cabot & Forbes Industrial Park. Unit No. 2AClaims Wtlsey & Ham claim for Invoices Nos. 8290 and 8291, totaling $1,399.22, for engineering services through August 31, 1970. Councilemn Bertucelli moved, seconded by Councilman Borba and regularly carried, that the claim as sub~itted for Cabot, Cabot & Forbes Industrial Park, Unit No. RA, be approved for payment. So. Naple Ave.-So. Canal St. Relief Pump & Storm DraEnaqe Assessment District Claims Wenrich and Associates claim dated September 30, 1970 in the amount of $12,859.20 for Progress Estimate No. 3. Councilman Steinka~p moved, seconded by Councilman Bertucelli and regularly carried, that the claim as submitted for South Naple Avenue-SOuth Canal Street Relief Pu~p and Stor~Drainage Assessment District be approved for payment. The next ite~ was the continued Notice of Hearing - Appeal from Use Per,it Order UP-15~ of the South San Francisco Planning Commission denying Use Perettt Request by Foster and Kleiser for Billboard on Southeasterly side of Bayshore Freeway 1~00~ Northeasterly of Oyster Point Boulevard in the N-2-H District. Nayor Ahem asked the City Clerk if any written protests had been received to which City Clerk Arthur Rodondi replied that letters of protest had been received fro~the Avalon Concerned Tax Payers dated September 25, 1970 and Winston Nanor Community Association Incorporated dated September 30, 1970. Nayor Ahern then asked if anyone present in the audience wished to speak on the matter. ~r. Walter Noreno of the Foster and Kletser Company commented that their application had been denied by the Planning Commission and it was their hope to be able to obtain their request. He stated that the signs conformed legally to all of the restrictions, that a field inspection had been made with the City Attorney after which he read a letter from his company offering to give the City free bulletin-board space, stating that it was the companyts desire to pro~ote free ads as was presently done, some of the incidents being free radio time and signs whichwere donated for the E1Camino High School band. 'He, at this time, by the use of slides, showed so~e of the areas where signs were pre- dominant and the areas in which they proposed to install theirs. At the request of a lady in the audience, the two letters of protest received were read in full after which Councilman Borba stated that when he mentioned refusing "all signs,# he did not mean "billboards.# Councilman Borba then commented on his appeal for a sign for the "Park tn Fly" which had been allowed to be installed because it had passed the appeal date. Discussion followed concerning the matter of appeal under the present ordinance after PUBLIC HEARING NOTICE OF HEARING APPEAL FROM UP-154 I:OSTER A~I) KLEISER (CONTI~) ..5"05'-0 PUBLIC HEARING CLOSEDs RESOLUTION NO. 5410 GRA~TING UP-154 PUBLIC HEARING NOTICE OF HEARING APPEAL FROM UP-155 FOSTER & KLEISERs PUBLIC HEARING CLOSED: RESOLUTION NO. 54.11 GRANTING UP-155 PUBLIC HEARING TA~FORAN AVE.-SHAW ROAD STORM DRAINAGE PROJECT ASSESSMENT DISTRICTs which City Planner Daniel Pass explained ho~ it was transmitted from the Planning Commission to the City Council and his conversation with the City Attorney in this regard. ~rs. Uary Ortner, 32 Escanyo Drive, suggested that Council amend the ordinance to read that the appeal date would be ten days after Council had received the item rather than ten days from the date the Planning Co~mission had approved it. Further discussion followed after which fir. Henry Rogers felt the City did not need more billboards, that there were sufficient already. tit. Narto Gagliolo, 760 Grand Avenue, co~nented that in fairness to the applicant, the City should grant his request since this was replacing three signs which they had lost. In answer to Nayor Ahern, the City Attorney explained the field trip and on-site investi- gation which had been made, after which discussion followed concerning compensation which the sign companies would receive if the signs were ordered removed by the State to allow beautification of freeways. City Planner Daniel Pass then explained to Council the present limit under State law and the court case now pending in San Diego concerning the removal of some of the signs. Councilman Bertucelli stated that in view of his concern for the youth of the City and con~aunity Organizations moved that the two signs be granted to replace the two signs whichwere lost. Councilman Borba then seconded the motion after which the City Attorney suggested that the hearing should first be closed and that if Council wished, a resolution reciting all of the facts they wished incorporated could be adopted. Mr. Donald Gamma, 3790 Cork Place, spoke in opposition to the granting of the signs, calling to the attention of the City Council Councilman Borba's earlier opposition to future signs. ~Lr. Edward Toby, 2570 Bantry Lane, commenting on tits. Ortner's earlier suggestion, urged Council to follow this suggestion in amending the ordinance to provide for a change in the appeal schedule. Further discussion followed after which there being no other comnents and there being no objections, Nayor Ahem declared the Public Hearing closed. City Attorney Noonan then explained the resolution which could be adopted by the City Council in either granting or denying the request after which Councilman Bertucelli introduced the resolution entitled: "A RESOLUTION GRANTING UP-154 (FOSTER AND KLEISER SIGN)." Roll call vote was as follows: Councilman Nemmini in voting "No," stated that in the last three years, all signs and billboards have not only been denied by the Planning Comnission, but by Council as well; Councilmen Borba and Bertucelli voted "Aye;" Council- man Stetnkamp voted "No." Nayor Ahem then comnented that a comparison could not be made between Sunipero Serra Freeway landscape and the Bayshore Freeway at which time Mr. Edward Rickenbacher, 126 Rosewood Way, requested Nayor Aborn to vote for what is healthy for the City and listen to the citizens' requests. ~a¥or Ahern again urged the people to view for themselves the differences between business signs and billboards after which he cast his vote "Aye." Nayor Ahern then suggested that an amending ordinance be adopted concerning the matter of future signs. The next item was the continued Notice of Hearing - Appeal from Use Permit Order UP-155 of the South San Francisco Planning Commission denyin9 Use Permit Request by Foster and Kleiser for Billboards (2) on the Easterly side of Bayshore Freeway 950~ Southeasterly of East Grand Aven~'e in the M-2-H District. ~layor Ahern asked the City Clerk if any written protests had been received by his office to which City Clerk Arthur Rodondi replied that none had been received, other than the two letters of protest which had been received on the matter of UP-154. Mayor Ahern then asked if anyone wished to offer an oral protest. There being none, Nayor Ahem closed the Public Hearing. After an explanation by City Attorney Noonan, Councilman Bertucelli introduced the reso- lution entitleds "A RESOLUTION GRANTING UP-155 (FOSTER AND KLEISER SIGN)." Roll call vote was as followss Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucelli, and William A. Borba. Noes, Councilmen F. Frank ~ammini and Warren Steinkamp. Absent, none. Councilman Stetnkamp at this time stated that the action of Council tonight broke a Council precedent. The next item was the continued Public Hearing - Tanforan Avenue-Shaw Road Storm Drainage Project Assessment District. Accompanying were letters of protest from Ken Royce, Inc., dated AuGust 21, 1970 and ~tichel & Proffer dated August 28, 1970. Also accompanying were co~munications from Heat and Control, Inc., dated September 17, 1970; from Viking Automatic Sprinkler Company dated September 24, 1970 expressing concer~q to the increase of discharge of waters in the area. Mayor Ahern asked if anyone present wished to speak on the subject. 3O7 PUBLIC HEARING TANFORAN AVE.-SHAW ROAD STORM DR~INAG~ PI{)JECT ASSESSMENT DISTRICT~ ~tr. Donald Grimes, 123 Francisco Drive, spoke on the matter of storm waters, which would be coming from the Tanforan Development and also from the future development of San Bruno to the west, asking if San Bruno was paying their fair share in this regard. At the request ofM ayor Ahem, Director of Public Works Louis Goss explained the ratio which the City of San Bruno was paying and the ratio: which the City of South San Francisco was committed to. Further discussion followed during which time Mr. Grimes spoke on the flood problems which occurred in the prior years, stating that this was of a concern to him. Mr. Robert Sherman, representing Ken Royce, Inc., one of the property owners affected, voiced objection, stating that he had not seen any comprehensive engineering reportl requested a postponement of the matter for a more comprehensive study to be made and submittals from interested parties. He further remarked for the record, that he would like their parcel of property be classified as Flood Control Measure. Director of Public Works Louis Goss stated that at the last meeting he had explained to Council the situation as it concerned the Kl~Royce property which was property which would be damaged by flood waters and that they should pay a portion of the cost in this assessment district. Mr. Sherman again requested that for the record, it be classified as a Flood Control Measure. ~tr. Kenneth Jones, of the firm of Wilson, Jones, ~orton & Lynch, Assessment Attorneys, stated that the area identified was being benefitted, that the assessment district was created on the basis of a benefit to properties which were subject to flooding. He commented that Mro Sherman's request to have the record indicate that it was a Flood Control Measure was in order, that it was the City's purpose to give flood control relief and that the project was to alleviate flooding. Mr. Jones then requested that the records show that the Investigation Report which was prepared by ~ro Goss~s office was summarized before Council before the Hearing is closed~ that this report is on file in the office of the City Clerk~ that it is a financial study of the ~roJect and of the p~operties which are benefitted and assessed and ~ shows assessed valuations of the land fn that District is $770,600 and that the assessed valuation of the improvement in th/~Z~12,78§, the assessment is only $62,30§, obvious strengthening ratio between land value and proposed assessment. Mro Jones asked Director of Public Works Goss to confirm or state for the records that in his opinion all of these properties in this assessment district will be benefitted by the proposed improvements. Director of Public Works Louis Goss replied in the affirmative, stating that all of the properties in the assessment district will benefit fr~m the improvements. There being nothing further, Mayor Ahem closed thePublic Hearing. Mr. Jones stated, in regard to Mr. Sherman's request, if Council does feel that this project is basically a Flood Control Measure, that Council could make a finding by motion to the effect that the basic purpose of this project is toprovide flood control relief to the properties which are to be assessed. Councilman Bertucelli so moved, seconded by Councilman Steinkamp. Discussion followed concerning flooding to the area and in answer to Mr. Jones' inquiry as to what volume of storm that this system was designed to accommodate, Director of Public Works Goss explained the hydraulic studies, the periods of time and density of rain, and that charts are maintained by the Army Corps~ of Engineers, based on Airport Station. Mr. Jones stated that in view of Mr. Goss's statement, the motion should be modified to state that the purpose of the project is to provide flood relief&om any storm short of a thirty-year storm as determined by official Government records of storm volume. ~otion as made and modified was regularly carried. RESOLUTION NO, 5412 DETEI~NATION UNDF~ DIV. 4 TO PROCEBD WI~H PR~ING$ ~R AC~ISI- TI~S & I~V~T$ T~~ AVE.-~ ~ ~NA~ P~JECT ASSESS- MENT DISTRI~: RESOLUTION NO. 5413 OVERii[Ili; PROTESTS ON Mr. Kenneth Jones stated that, if Council desired, the resolutions listed on the ay,hinges agenda concerning the assessment district should be initiated at this time and the first of the resolutions is one of determination to proceed with the acquisitions and.improvements after which Councilman $teinkamp introduced the resolution entitledt "A RESOLUTION OF DETERMINATION, UNDER DIVISION 4 OF THE STREETS AND HIGtiNAYS CODE, TO PROCEED WlTH IRO- CEEDING$ FOR ACQUISITIONS AND II~ROVEMENTS TANFORAN AVENUE-SHAW ROAD STORM DRAINAGE PROJECT ASSESSMENT DISTRICT." Roll call vote was as followst Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucellt, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. After an explanation by Itr. Jones, Attorney for the District, CoUncilman Mammini intro- duced the resolution entitleds "A R~SOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTIO~ P~SO. OF INTENTION TANFORAN NO. 5227 TANFORANAVENUE-SHAWROADSTORMDRAINAC~ PROJECT ASSESS~.NT DISTRICT." AVE,-SHA~ROADiSSESSMENT DISTHICr, RESOLUTION NO. 5414 ORDER ADOPTING ENGINEERes REPORT, CONFII~ING ASSESS- MENT, ORDERING WORK & AC= C~UISITIONS TANFORAN AVE.- SHAW ROAD DRAINAGE PROJECT ASSESSIdF..NT DISTRICTs Roll call vote was as foll°Wss Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borbe, F. Frank Mammini and Warren Steinkampo Noes, none. Absent, none. Mr, Jones explained the next resolution adopting the Engineer's Report, confirming the assessment and ordering the work after which Councilman Mammini introduced the resolution entitleds "A RESOLUTICNAND ORDER ADOPTING ENGINEER'S REFORT, CONFIRMING THE ASSESSMENT AND O~DERING THE WORK AND AC~t~ITIONS TANFORAN AVENUE-SHAW ROAD STORM DRAINAGE PROJECT ASSESS~[F. NT DISTRICT." Roll call vote was as follows~ Ayes, Councilmen:Patrick E. Ahern, FrankJ, Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. R~SOLUTION NO. 5415 DESIGNATING ~LLEC~ON OFFICER TA~FO~N AVE- SHAW ROAD STORM DRAIN ASSESSMENT DISTRICT s RESOLUTION NO. 5416 AWARD OF OONTRACT CLAY AVENUE PARKs RESOLUTION NO. 5417 APPROVING PLANS & SPECS AUTHORIZINO WOi~ & CALL FOR BIDS - BEAUTIFICATION PROJECT, ENTRANCE, AIRI~ORT BLVD. BETWEEN RANDOLPH AND BUTLERs RESOLUTION NO. 5418 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CItY & COUNTY - WESTBOROUGH BLVD. EXTENSION 12 MILE CREEl( STRUCTURE s 3-/7 ? RESOLUTION NO. 5419 RESCINDING 1~0. NO. 2495s PZSOLUTION NO. 5420 SETTING FORTH THE FORM OF CIVIL DEFENSE OR~d~N- IZATIONs RESOLUTION NO. 5421 APPROPRIATION IN THE BODIN~ON ACC~JI SITION PROCEEDINGS - SO. AIRPORT BLVD. IMPROVEM~T PROJECTs 3-02O RESOLUTION NO. 5422 APPROVING AND ADOPTING SWIMMING POOL MANUALs RESOLUTION NO. 5423 CLEAN WATER F~J)ERAL AUTHORIZING FILING OF APPLI CATION s Mr. Kenneth Jones, Attorney for the District, explained that the next resolution appoints the City Treasurer as the person to whom payment of assessments shalt bom ado aft~ which Councilman BertuceIli introduced the resolution entitleds "A RESOLUTION DESIGNATING COLLECTION OFFICER TANFORAN AVENUE-SHAW ROAD STOIUI DRAINAGE PROJECT ASSESSMENT DISTRICT." Roll call vote was as followss Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucelli, William A. Borba, Fo Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. The next item was the Inter-Office:Memorandum from the Superintendent of Recreation and Parks dated October 2, 1970 submitting compilation of bids received and recommendation for the award of contract for the Improvement of Clay Avenue Park. ~ting City Manager Laurence Ross declared the bids received, stating that the low bidder was G. M. Labrucherie & Associates with the bid of $73,181. After an explanation by City Attorney Noonan, Councilman Steinkamp introduced the reso- lution entitledt "A RBSOLUTION OF AWARD OF CONTRACT CLAY AVENUE PARK." Roll call vote was as followss Ayes, Councilmen Patrick E. Ahern, Frnnk J. Bertucelii, William A. Borba, F. Frank Memmini and Warren Steinkamp. Noes, none. Absent, none. The Inter-Office Memorandum from the Landscape Specialist dated September 22, 1970 requesting approval of plans and specifications; authorization ofwork and call for bids for the Beautification Project, Entrance to the City, Ai~ort Boulevard between Randolph Ave. and Butler Road was the next matter for Council's consideration. City Attorney Noonan explained the resolution which had been prepared after which Councilman Steinkamp introduced the resolution entitleds "A RESOLUTION APPROVING PLANS AND SPECIFI- CATIONS, AUTHORIZING THE WORK AND CALLING BIDS FOR BEAUTIFICATION PROJECT, ENTRANCE TO THE CITY, AIRPORT BOULEVARD BETWEEN RANDOLPH AND BUTLER°" Roll call vote was as followss Ayes, Councilmen Patrick E. Ahrn, Frank J. Bertucelli, William A. Borba, F. Frank Memmini and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan explained the next resolution authorizing execution of an agreement between the City and County of San Meteo regarding the Westborough Boulevard Extension after which Councilman Steinkamp introduced the resolution entitleds, "A RESOLUTION AUTHO- RIZING EXECUTION OF AN AGR~J~N~NT A~.NDINGJOINT ~)WERS AGRE~J~NT BETWEEN CITY AND COUNTY OF SAN NAT~ (WESTBOROUGN BOULEVARD EXTENSION--T~RLVE MILE CRER~ STRUCIURE)." Roll call vote was as followss Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucellt, William A. Borba. F. Frank Mea~nini and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan explained that the next resolution rescinds Resolution No. 2495, a long standing resolution setting the form of the Civil Defense Organization after which Councilman Bertucelli introduced the resolution entitleds "A RESOLUTION RESCINDING RESOLUTION 2~95 PASSED JULY 15, 1957 (CIVIL DEFFJC~E)." Roll call ~ote was as followSs Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren Steinkamp. Noes, none. Absent, none. ~he resolution approving the new Civil Defense and DisasterPlan was next explained by City Attorney Noonan after which Councilman Borba introduced the resolution entitleds "A RESOLUTION SETTING FORTH THE FORM OF THE CIVIL DEFENSE ORGANIZATION PURSUANT TO SECTION 8 OF ORDINANCE NO. 3il." Roll call vote was as follows~ Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Memmini and Warren S~einkamp. Noes, none. Absent, none. City Attorney Noonan explained that the next resolution authorizes an appropriation in the Bodinson acqusition in connection with the South Airport I~provements after which Councilman Mammini introduced the resolution entitleds "A RESOLUTION AUTHORIZING APPRO- PRIATION IN THE BODINSON AC~USITIONPROCEEDING - SOUTH AIRPORT BOULEVARD IMPROVEMENT PROJECT, Roll call vote was as followss Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucelli, William A. Borba, F. Frank JLammini and Warren Steinkamp. Noes, none. Absent, none. City Attorney Noonan stated that the next resolution which was discussed at the last Study meeting and which was recommended by the Superintendent of Recreation and Parks would approve the adoption of the Swimming Pool Manual and use ~ees after which Councilman Bertucelli introduced the resolution entitled~ "A RESOLUTION APPROVING AND ADOPTING THE 'ORANGE MEMDRIAL PARK S~Ite4ING POOL MANUALt RECOMMENDED BY THE SOUTH SA~ FRANCISCO RECREATION AND PARK DEPARTMENT.' Roll.call vote was as followss Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Memmini and Warren Steinkamp. Noes, none. Absent, none. The next resolution concerning the Shaw Road Pumping Station and which would authorize the Director of Public Works to apply for Federal funds for Sewage Treatment Works was ex- plained by City Attorney Noonan. Councilman Steinkamp introduced the resolution entttleds "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AUTHORIZING FILING OF APPLICATION FOR A STATE AND INCREASED FEDERAL GRANT UNDER THE TERI~OF THE CLBANWATER BOND LAW OF 1970 AND THE FEDERAL WATER FOLLUTION C(~TROL ACT." Roll call vote wis as followss Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucelli, William A. Borba, F. Frank Memedni and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5424 AUTHORIZING FJ(F~JTION OF INDENTURE WITH S.P. CO. & CITY - DRAINAGE DITCH WESTBOR(IIGH BOULEVARD EXTENSI GNs City Attorney Noonan stated that the next resolution was related to the Westborough Boulevard Project and would authorize execution of an indenture between the Southern Pacific Transportation Company and the City for a 260 ft. drainage ditch after which Councilman Bertucelli introduced the resolution entitleds "A RESOLUTION AUTHORIZING EXECUTION OF AN INDENTURE WITH SOUTHERN PACIFIC TRANSI~RTATION CO, ANY (RELATED TO WESTBOROUGH BOULEVARD EXTENSION--260' DRAINAGE DITCH)." Roll call vote was as followss Ayes, Councilmen Patrick E, Ahern, Frank J. Bertucelli, William A. Borba, F. Frank ~tammini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTION NO. 5425 PROVIDING FOR BERTH FEES' INC.~EASE EFFECTIVE 1/1/71~ The next resolution which comes at the request of the Harbor Master and would authorize increase in berth fees starting January 1, 1971 was next explained by the City Attorney. Councilman Borba introduced the resolution entttleds "A RESOLUTION AMENDING RESOLUTION 4599, PROVIDING FOR AN INCREASE IN BERTH FEES AT OYSTER POINT MARINA TO BE EFFECTIVE JANUARY 1, 1971." Roll call vote was as followss Ayes, Councilmen Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Na~nini and Warren Steinkamp. Noes, none. Absent, none. RESOLUTIO~ NO. 5426 INTENTION TO FORM WEST- ROROUGIi PARK UNIT NO. 3 PARIiS & PARKWAYS MAINTE~ NANCE DISTRICTs City Attorney Noonan explained the next resolution which wasone of intention to form the Westborough Park Maintenance District after which Councilman Bertucelli introduced the resolution entitled8 aA RESOLUTION OF INTENTION TO FOP~ WEST PAR~ UNIT NO. 3 PAPAS AND PARkWAYS MAINTENANCE DISTRICT." Roll call vote was as followss Ayes, Councilmen Patrick E. Ahem, Frank J. Bertucellt, William A. Borba, F. Frank Nammini and Warren Steinkamp. Noes, none. Absent, none. REC~JEST OF J. H. SNYDER CO. FOR R. ELEASE OF BOND WESTROROUGi~-WEST PARK 2 AND 2A, ¢. 5-' The next item was the communication dated July 30, 1970 from ~. H. S~y~er Company requesting release of Bond No. M-58-80-58 in the amount of $2,750 - Coat, on Greens in Westborough-West Park 2 and Councilman Stetnkamp moved, seeonded by Councilman Bertucelli and regularly carried, that Bond No. M-58-80-58 in the amount of $2,750 be released. CLAIM AS FILED BY MRS. LINDA MADSEN IN BEHALF OF HER SON, MICHAEL MADSEN s TENTATIVE PARCEL MAP 66s Discus~ion followed concerning the debri in the West Park area and at which time City Planner Pass explained that this bond concerns the Co~mon Greens in the 2 and 2A area. The next item was the claim against the City as filed by Mrs. Linda Madsen in behalf of her son, Michael Nadsen, for alleged injuries sustained at Hillside Recrea~ion Center. Councilman Bertucelli moved, seconded by Councilman Steinkamp and regularly carried, that the claim be denied and referred to the City's insurance carrier. The Tentative Parcel Map No. 66 as applied for by Louis A. Arata requestinG the sub- division of 11.73 acres to create two industrial lots at the southeasterly corner of Oyster Point Boulevard ind Industrial Way was the next matter for Council's attention. Accompanying was the letter of protest as received from E. H. Edwards Company dated September 22, 1970. There being no objections, Mayor Ahem continued the Tentative Parcel Nap No. 66 to the next regular meeting. PLANNING COMMISSION'S PESO. The next item was the Planning Coemission's Resolution concerning Amendment to Parking ANENDNIgIT TO PAR~ING RE~UIRE-Requirements in R-3 Districts. ~ENTS IN R-3 DISTRICTSs  Since this matter was being studied by the Planning Coa~ission and there being no obJectiom ~/ Mayor Ahern continued the matter. CITY PLAJ~ERtS REPORTs The next item was the City Planner's Report to the City Council with respect to Use and Variance Requests considered on September 28, 1970. In response to the letter of appeal dated Septmaber 30, 1970 fromM r. Joseph Saco con- cerning UP-166, the establishment of Damien House, Mayor Ahem set the Public Hearing on the matter of November 2, 1970. There being no objections, Mayor Ahem ordered the remaining items in the City Planner's Report accepted and placed on file. APPROVAL OF SALARY INCREASE FOR ACTING CITY MANAGER ROSSs Council~an Steinkamp brought to Council's attention the matter of increased remuneration for Acting City Manager Laurence Ross. Councilman Mammini moved, seconded by Councilman Bertucelli and regularly carried, that Acting City Manager RoSs receive the City Manager's salary until the appointment to the City Manager's position,was made. CHANGE ORDER NO. 2 & REQUEST FOR EXTENSION OF TI~E - 1970 STREET PROVEIdENT PROJECTs AGCEPI~ OF COMM3N GRERNS - WEST PA.~K 3A-Ds The next item was the Inter-Office Memorandum dated September 24, 1970 fro~ the Director of Public Works recommending approval of Change Order No. 2 in the amount of $382.67 and extension of six working days to the contract with Freeman-Sondgroth Construction Company. Councilman Steink~mp moved, seconded by Councilman Bertucellt and regularly carried, that the recommendation of the Director of Public Works be approved and accepted. The next matter was the Inter-Office Memorandum dated September 22, 1970 from Landscape Specialist John Hoffman reco~raending acceptance of Common Greens - West Park 3A-D. There being no objections, Mayor Ahern continued the acceptance of the Comaon Greens. ACCEPTANCE OF ALL SUB- DIVISION II~ROVEMENTS IN C.C. & F. UNITS 2 & RAs 535q The next item was the Inter-Office Memorandum dated September 29, 1970 from the Director of Public Works recommending approval of the final accepimce of all subdivision improve- ments in Cabot, Cabot & Forbes Industrial Park, Units 2 and 2A. ACCEPTANCE OF ALL SUB- DIVISION I~ROVF.~EN?S IN C.C. & F. ONITS 2 & WESTBOEOUGH PLANNING MITTEE STUDY REPORTI 7-POI#T P~ TO ALLEVIATE i~$T CONDITIONS, 3--0 CHANGE ORDER NO. 6 M~NIClPIg SWIllING POOL ORANGE MEK)RIAL PARK; TRANSFER OF FUNDS FOP, JET NOISE PROCEEDING~ PROPOSALS OF FINANCIAL CONSULTING FIRMS - CAPITAL I~ROVEMF. NT PROJECTS~ Zi%0 ~CATION CONCERNING DRAINAGE STUDY - SPRUCE AVENUE CULVERT ~ Councilman Steinkanq3 moved, seconded by Councilman Mammini and regularly carried, that the recommendation of the Director of Public Works be approved and accepted. The next item was the Report from the Westborough Planning Committee on the Status of Land Use, Zoning and General Planning in the Westborough Community. There being no objections, Mayor Ahem ordered the matter referred to the Planning Commission to be returned to the City Council with their recommendations. Acting CStyManager Laurence Ross at this time outlined the 7-point dust control program as contained in his communication dated October 1, 1970 as addressed to the City Council. Councilman Mammini moved, seconded by Councilman Bertucelli and regularly carried, that the 7-point program as stipulated by Acting City l~anager Ross be adopted, to commence immediately. Acting City Manager Ross brought to the Council's attention Change Order No. 6 for the Municipal Swimming Pool in the amount of $294.36 to provide doors to Chlorina~or Room and electrical circuit for pumps. Councilman Bertucelli moved, seconded by Councilman Steinkamp and regularly carried, that Change Order No. 6 be approved and accepted. City Attorney Noonan requested of Council at this time approval of the appropriation of $4,000 for jet noise proceed~hgs. Councilman Mammint moved, seconded by Councilman Stetnkamp and regularly carried, that the transfer of funds be made from the Contingency Fund to the City Attorney's budget. The next items to be considered were the three financial proposals regarding C~pital Improvement Project as submitted by the consulting firms of Wilson, Jones, Morton & Lynch; S2one & Youngberg; and Rafferty, Guerin & Co. Mayor Ahem at this time stated that Council had received the last report at 5~00 p.m. this evening and wished to continue the matter for further study. Mr. John Yantis, 239 Armour Avenue, requested to know if the plans for the enlargement of the Police Station pre-empted the'construction of a new Police facility. Discussion followed concern~ the feasibility of the proposed improvements, the financial studies before connencement of the programs. Councilman Mammini at this time, in an expression of gratitude to those who served on these committees, moved that Council adopt their recommendations in principle. Councilman Steinkamp seconded Councilman Mammini's motion. Roll call vote was as follows~ Ayes, Councilmen F. Frank Mammini and Warren Steinkamp. Noes, Councilmen Patrick E. Aborn, Frank J. Bertucelli and William A. Borba. Absent, none. Councilman Steinkamp remarked if it might not be appropriate at this time to appoint smaller committees to study the submitted proposals and place them in order for con- sideration by the financial consultants. Discussion followed during which time MayOr Ahem pointed out the Council's responsi- bilities in these matters. Councilman Steinkamp spoke concerning the completion of Westborough Boulevard Extension and the completion of Chestnut Avenue to the ~ayshore Freeway and the resulting problems if these were not accomplished. Director of Public Works Goss explained to Council the expenditure of County funds on a five-year rotating program for different projects and the consideration of the completion of Chestnut Avenue which has to be negotiated between the City and County Board of Supervisors. A lady present in the audience spoke concerning the lack of sidewalks for pedestrian use along the Westborough Boulevard Extension. She stated that her concern was for the safety of the children living in the Westborough and Avalon areas since the only pavement would be in the median strip. She objected to children having to walk in the dirt areas. Discussion followed at which time City Attorney Noonan explained the County's decision in not placing the sidewalks alongside the Westborough Boulevard ~xtension which would create a hazardous condition. Further discussion followed during which time, Mrs. Mary Ortner, 32 Escanyo Drive, spoke of her earlier discussions with the County concerning the Westborough Boulevard Extension and the County's decision to not provide sidewalks. City Planner Daniel Pass at this time explained the future development of parallel streets to the Westborough Boulevard Extension which would provide pedestrian usage. Mayor Ahem ordered the matter continued for further study. ~he next item was the communication dated September 24, 1970 from George S. Nolte and Associates conCerning the cost and time to complete the Drainage Study, Southwood Storm Drain Connection to Spruce Avenue Culvert. In a~swer toM ayor Ahern's inquiry as to the amount of time for the study, Director of Public Works Goss explained that the estimate was for twoweeks and would not exeeed $6OO. DRAINAGE STUDY - SPRUCE AVENUE CULVERT8 LETTERS OF COMMENDATION F/iON CITIZENS CONCERNING I~LICE DEPT. SERVICES~ REPORT CONCEIVING OF S.P. TRAQiS - PAI~ilNG AREA R)R ~I~ING P~Ls ~D ~ ~FA~ DISCUSSION CONCERNING THE RECENT FIRING OF CITY MANAGER McKENZIE: INQUIRY CONCERNING COMPLETION OF WESTBOROUGH BLVD.: DISCUSSION CONCERNING PENINSULA HUMANE SOCIETY SERVICES: Councilman Bertucelli moved, seconded by Councilman ~amini and regularly carried that the Study be coe~enced. In response to Acting City ~lanager Ross's request for allocation d funds, Councilman Bertucelli ~oved, seconded by Council~an Borba and regularly carried, that the funds be allocated fro~ the Flood Control Account. The next matter to be considered were the letters of commendation for services rendered by the South San Francisco Police Department. There being no objections, ~layor Ahern ordered the communications accepted and placed on file. City Attorney Noonan reported to Council the progress being made by the Southern Pacific Company concerning the removal of tracks to acco~odate parking for the new ~unicipal Swi~aing Pool, which plans were presently being studied for approval by Guy F. Atkinson Co. He further explained that the tracks were to be removed all the way to ~agnolia Avenue and would report further to Council concerning the matter. There being nothing further, ~ayor Ahern asked if any mmber of the City Council had anything they wished to offer under Good and Welfare. There being none, he then asked if anyone in the audience wished to speak.under Good and Welfare. ~tr. Donald Caeca, 3790 Cork Place, stated that he was representing himself as a private citizen, the West Park Homeowners' Association and Citizens for Better Government. He requested to know the reason Council had for the firing of the recent City ~anager Thomas Mdienzie. Mayor Ahern stated that in all fairness to those concerned, it was a private personnel session and would not be discussed. At the request of ~layor Ahem, City Atterney Noonan explained the Government Code and the opinion from the Attorney General's office concerning the privacy of an Executive Personnel Session after which discussion followed between City Attorney Noosan and Mr. Gamma concerning previous personnel sessions. Mr. Ga~a requested to know why the majority of the Council had acted in this regard without the knowledge of the full Council to which ~ayor Ahern replied that he was not going to discuss the matter since he was not allowed to do so. Discussion followed concerning the Batter of City's efforts in the matter of noise abatement and the Class Action suitl the control of dust and the revocation of Per,its during which time City Attorney Noonan explained through which departments this control could be applied. Mr' Ga~a concluded his re~arks by again requesting the reason for the firing of Mr. Mc~enzie fro~ the position of City ~t~nager. Rb~erend Carl Curtwright stated that if Council felt they had acted in good faith, he was behind them. Mr. Edward Toby, 2570 Bantry Lane, requested a report of the progress of Westborough Blvd. Director of Public Works Goss stated that L. C. $edth Company will cos~lete the adscella- neous items of work next week and the following week, the pavin9 will be completedl all should be completed in three weeks. Mr. David Friedenberg, 2395 Bourbon Court, brought to Council's attention their.previous action in the matter of the proposed Ca~aritas Avenue-West Orange Avenue overpass without notice to other me~bers of the Council or press and how he felt the action of the recent firing of the City ~anager another violation of the Brown Act. He further remarked about the involvement of the Fire Department as a political supporting group during the recent election ca~paign. He further spoke concerning the parity between the two safety depart- ments, and concluded by requesting Council to act in a proper manner and set an example to the young people of the cowunity. Mr. Robert Albrtght, 2~01Albrtght Way, suggested that Council refer to Robert's Rules of Order in the conduct of the City Council meetings. He further requested information con- cerning City's appropriation of money to the Peninsula Humane Society, stating that animals are still running free and are a nuisance in his area. Acting City ~anager ROss explained the addition of one humane officer and after the first of the year, another truck and officer would be available. Councilman Bertucelli stated that if these services were not adequate, the City should consider taking over this function. Fire Chief John ~archi stated that he has always been neutral in politics, that he could not speak for his men as it was their individual privilege to participate as they wished. He further coemented on his pride for his position and his department. In answer to Councilman BertUcelli's inquiry if he had ever requested Chief ~larchi's presence in a political campaign, Chief ~larchi replied in the negative. ADJOURNMENT ~ There being nothing further, Councilman Mammtni moved, seconded by Councilman Bertucelli and regularly carried, that the meeting be adjourned. Time of adjournmentl 11t26 p.m. APPROVED8 Rt~SPtiCTFULLY SUBMITTED, City lark The remarks contained in these Minutes are excerpts and not verbatim. The proceedings of this meeting are taped and all discussions are contained therein